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HomeMy WebLinkAboutReso 1978-9280 Form 348 , Rev. 3-78 ,III I RESOLUTION NO . 9 ~ ~ U ~I RES LUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APP OVING MAP OF MORGAN-GARDNER SUBDIVISION ACC PTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDI- CAT D ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHU A VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUB IVISION, AND APPROVING AGREEMENT FOR THE COMPLETION i OF MPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHO- j RIZ NG THE MAYOR TO EXECUTE SAP~1E ~ The City Council of the City of Chula Vista does hereby reso v as f o lows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City to Chula Vista hereby finds that that certain map survey entitled MORG N GARDNE SUBDIVISION and m~ox~e particularly described as follows Bei g a subdivision of portions of Quarter Sections 110 111, 124 and 125 of Rancho de la Nacion according to ap thereof No. 166 in the City of Chula Vista, Cou ty of San Diego, State of California and filed in the office of the Recorder of San Diego County. No.lof Lots: 58 is m Burr there Area: 32.936 acres in th manner and form prescribed by law and conforms to the ing s rveys; and that said map and subdivision of land shown is he eby approved and accepted. BE T FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: FLOWER STREET, PRIM O E PLAC , ROSEMARY PLACE, MARIGOLD PLACE and a portion of HILL O DRIVE and sa d stre is are hereby declared to be public streets and dedicated to thle public use. I BE T FURTHER RESOLVED that said Council hereby accepts on behallf of the City of Chula Vista the easements with the right of in- gress) nd egr ss for the construction of sewer, drainage, street tree plantl~ g and ublic utilities, all as granted and shown on said map within said s bdivision, subject to the conditions set forth thereon. I~'I BE IT FURTHER RESOLVED that the City Clerk of the City of Chu1a'~ ista be, and she is hereby authorized and directed to endorse upon id map the action of said Council; that said Council has appro d said subdivision map, and that said public streets are ac- cepte n beh if of the public as heretofore stated, and that those certa' easements with the right of ingress and egress for the con- struc i n and aintenance of sewer and drainage facilities, street tree lanting, and public utilities as granted thereon and shown on said a withi said subdivision are accepted on behalf of the City of Ch 1 Vista as hereinabove stated. BE I~ FURTHER RESOLVED that the City Clerk be, and she is hereb irecte~d to transmit said map to the Clerk of the Board of Super i ors o;f the County of San Diego. ~` BE xT FURTHER RESOLVED that that certain improvement agreement dated he 6tk~ day of Se tember , 1978 for the completion of i~p ovements in said su ivision, a copy of which is attached hereto and ~y refere ce made a part hereof, the same as though fully set forth here n be, an~ the same is hereby approved. I! BE Vista'l e, and agree~m nt for Pres~,n ed by T FURTHER RESOLVED that the Mayor of the City of Chula he is hereby authorized and directed to execute said and on behalf of the City of Chula Vista. ~~~~. W. J} obens, Director of Public Works by tY~e AYES: NAYE ~I ABSENT Approved as to form by ~~I',~~.-,~ George D. Lindberg, City Attorney ADO TED AND APPROVED by the CITY COUNCIL of the CITY OF ISTA, ALIFORNIA, this 19TH day of SEPTEMBER , 197 $ , follow'ng vote, to-wit: Cou cilmen COX, HYDE, GILLOW, SCOTT Cou cilmen NONF Co cilmen EGDAHL • ~/"' ~~~~ Mayor of t e City of C ula Vista Cle STAT COUN CITY F CALI ORNIA) OF SAN DIEGO) CHULA VI5TA) I, City o Chula a furl true same Ih s not ss. Vista, California, DO HERESY C.r;RZ nd correct copy of Resolution No. een amended or repealed. DATED _ City C er City Clerk of the ~9~~t the above is (J and that the - 2 - Form No. CA-410 Rev. 8/76 SUBDIVISION IMPROVEMENT AGREEMENT THI$ AGREEMENT; made and muni i al -cor orate and O N B. M RGAN, Cali o nia 9 120 here n fter c lied 19 78 , b on, hereinafter 6153 Fairmount "Subdivider"; entered into this hth day of y and between THE CITY OF CHULR VISTA, a called "City", and JOHN W. GARDNER, JR. Avenue Extension, Suite 215, San Diego, W I T N E S S E T H WHE AS, Subdivider is about to present to the City Council of the i y of C ula Vista for approval and recordation, a final subdivision map f a prop sed subdivision, to be known as MORGAN-GARDNER SUBDIVISION pursuant to the provisions of the u divisi n Map Act of the State of California, and in compliance with the r vision of Title 18 of the Chula Vista Municipal Code relating to the i ing, a proval and recordation of subdivision maps, and WHE appr v d by t have e ther i and/ r land d subd'v sions Coun i for p of S n Diego ente nto an secu i y to i ment f Titl and o plete, public improv divi i n with and appr v 1 and agre m nt whe plet at Sub requ'r d by C deli e to Ci and EAS, the Code provides that before said map is finally e Council of the City of Chula Vista, Subdivider must stalled and completed all of the public improvements velopment work required by the Code to be installed in efore final maps of subdivisions are approved by the rpose of recording in the Office of the County Recorder ounty, or, as an alternative thereof, Subdivider shall agreement with City, secured by an approved improvement sure the performance of said work pursuant to the require- 18 of the Chula Vista Municipal Code, agreeing to install free of liens at Subdivider's own expense, all of the ments and/or land development work required in said sub- n a definite period of time prescribed by said Council, EAS, Subdivider is willing, in consideration of the ecordation of said map by the Council, to enter into this ein it is provided that Subdivider will install and com- ivider's own expense, all the public improvement work ty in connection with the proposed subdivision and will y improvement securities as approved by the City Attorney, WHE AS, a tentative map of said subdivision has heretofore been a proved subject to certain requirements and conditions, as con- tain d in Res lution No. 8638 , approved on the 7th day of June, 19 7 , and WHE AS, complete plans and specifications for the construction, inst 1 ation nd completion of said public improvement work have been prep r d, sub fitted to and approved by the Director of Public Works, as s o n on D awings No. 78-99D through 78-112D , on file in the Office of t e Direct r of Public Works, and WHE AS, an estimate of the cost of constructing said public impr v ments ccording to said plans and specifications has been sub- mitt d and ap roved by the City, in the amount of THREE HUNDRED TWENTY- TWO H USAND OLLARS AND NO/100s ($322,000.) NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED. AS FOLLOWS: 1. Subdivider agrees to comply with all of the requirements of t e tentat ve map resolution; to do and perform or cause to be done and a formed at its own expense, without cost to City, in a good and work a like m nner, under the direction and to the satisfaction and -1- Q~ stn app o al of he Director of Public Works, all of the public improvement and o land evelopment work required to be done in and adjoining said sub i ision; and will furnish the necessary materials therefor, all in str c confo mity and in accordance with the plans and specifications, whi h docume is have heretofore been filed in the Office of the Director of u lic Wo ks and by this reference are incorporated herein and made a p r hereo 2. It is expressly understood and agreed that all monuments hav een or will be installed within thirty (30) days after the com- ple i n and cceptance of the required improvements, and that Subdivider has i stalle or will install temporary street name signs if permanent str a name igns have not been installed. 3. It is expressly understood and agreed that Subdivider will cau a all ne essary materials to be furnished and all improvements re- qui a under the provisions of this contract to be done on or before the s cond a niversary date of the recordation of the map of said sub- div s on. 4. It is expressly understood and agreed that Subdivider will per o m said improvement work as set forth hereinabove or that portion of a d impr vement work serving any buildings or structures ready for occ p ncy in said subdivision prior to the issuance of any certificate of 1 arance for utility connections for said buildings or structures in a d subdivision, and. such certificate shall not be issued .until the Dir c or of ublic Works has certified in writing the completion of said pub i impro ements or the portion thereof serving. said buildings or str c ures a proved.by the City; provided, however, that the improvement sec r'ty sha 1 not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider tha , in the performance of said work, Subdivider will conform to and abi e.by all of-the provisions of the ordinances of the City of Chula Vis a and t e laws of the State of California applicable to said work. 6. Subdivider further agrees. to furnish and deliver to the Cit f Chul Vista, simultaneously with the execution of this agreement, an p roved 'mprovement security in the sum of ONE HUNDRED SIXTY-ONE THO S D DOL ARS AND NO/100s ($161,000.) whi h securi y shall guarantee the faithful performance:~of this contract by u divide and is attached.. hereto, marked Exhibit "A" and made a part her o 7. Subdivider further agrees to furnish and deliver to the Cit f Chul ..Vista, simultaneously with the execution of this agreement, an p roved 'mprovement security in the sum of ONE HUNDRED SIXTY-ONE THO S D DOL ARS AND NO/100s ($161,000.) to a ure th payment of material and labor in connection with the instal- lat'o of sa'd public improvements, which security is attached hereto, mare Exhibit "B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the Cit f Chul Vista, simultaneously with the execution of this agreement, an p roved 'mprovement security in the sum of ELEVEN THOUSAND DOLLARS AND N /100s ($11,000.) to a ure th installation of monuments, which security is attached hereto, mar a Exhibit "C" and made a part hereof. 9. It is further agreed that if the public improvements are not c mplete within the time agreed herein, the sums provided by said imp o ement ecurities may be used by City for the completion of the pub i impro ements within said subdivision in accordance with the spe i icatio s contained herein. Upon certification of completion by the Director of .Public Works and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are f lly paid, the whole amount, or any part thereof not required for day e t therieof, may be released to Subdivider or its successors in int r st, pujrsuant to the terms of the improvement security. -2- u~A 10. It is also expressly agreed and understood by the parties heret at in no case will the~City of Chula Vista, or any department, board o offic r thereof, be liable for any portion of the costs and expen a of th work aforesaid, nor shall any officer, his sureties or bonds a be f able for the payment of any sum or sums for said work or any m t rials urnished therefor, except to the limits established by theta p oved i provement security in accordance with the requirements of th tate S bdivision Map Act and the provisions of Title 18 of the C u a Vist Municipal Code. 11. It is further understood and agreed by Subdivider that any e g'neerin costs (including plan checking, inspection, materials furni h d and they incidental expenses) incurred by City in connection with h appro al of the improvement plans and installation of public impro a ents h reinabove provided for, and the cost of street signs and stree rees a required by City and approved by the Director of Public Works s all be paid by Subdivider, and that Subdivider shall have de- posit~d with C'ty a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all impro e ents a e fully completed and accepted by City, Subdivider will be re p nsible for the care, maintenance of, and any damage to, the stree s alley easements, water and sewer lines within the proposed subdi i ion. t is further understood and agreed that Subdivider shall guara t e all ublic improvements for a period of one year from date of final a ceptan e and correct any and all defects or deficiencies arising durin aid pe iod as a result of'the acts or omissions of Subdivider, its a e is or mployees in the performance. of this agreement, and that upon c eptanc of the work by City, Subdivider shall grant to City, by appro r ate co veyance, the improvements constructed pursuant to this agree a t; pro ided,• however, that said acceptance shall not constitute a wai a of de ects by City as set forth hereinabove. 13. It is understood and agreed that City, or any officer or emplo e there f, shall not be liable for any injury to person or property occas o ed by eason of the acts cr omissions of Subdivider, its agents or em 1 yees, 'n the performance of this agreement. Subdivider further agree o prot ct and hold harmless City, its officers and employees, from n and a 1 claims, demands, causes of action, liability or loss of an ort, b cause of or arising out of acts or omissions of Subdivider, its a e is or mployees, in the performance of this agreement; provided, howev r that he approved improvement security shall not be required to co a the p ovisions of this paragraph. Said indemnification and agree e t to h ld harmless shall extend to damages or taking of property resul i g from the construction of said subdivision and the public impro a ents a provided herein, to adjacent property owners as a con- seque c of th diversion of waters in the construction and maintenance of dr i age sy terns and shall not constitute the assumption by City of any r s onsibi ity for such damage or taking, nor shall City, by .said appro a , be a insurer or surety for the construction of the subdivision pursu n to sa d approved improvement plans. 14. In the event that suit is brought upon this contract by City o enforc the terms hereof, City shall be entitled to a reasonable sum a ttorne 's fees. IN W~TNESS WHEREOF, the parties hereto have caused this agree- ment o be exe uted the day and year first hereinabove set forth. THE CI~T OF CH LA VISTA II Mayor o the C ty of Chula Vist ATTES ty~Cle Approt~ec~ as to ! f ty~Attorney SUBDIVIDER: W. ER; JR. Attach Notary Acknowledgment here.